State of New South Wales v Azar (Final) [2021] NSWSC 216

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Azar (Final) [2021] NSWSC 216 Hearing dates: 22 February 2021 Date of orders: 17 March 2021 Decision date: 11 March 2021 Jurisdiction: Common Law Before: Davies J Decision: 1. An order pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 ("the Act"), that the defendant be subject to an extended supervision order for a period of three years from the date of the order. 2. An order pursuant to s 11 of the Act directing that, for the period of the extended supervision order, the defendant is to comply with the conditions set out in the Schedule to these orders. See end of judgment for Schedule of Conditions of Supervision Catchwords: HIGH RISK OFFENDER – Extended Supervision Order – applicant convicted of manslaughter committed while suffering schizophrenic illness –applicant committed further offences whilst on parole including destroying or damaging property and assault offences – where applicant breached Interim Supervision Order and was returned to custody – likelihood of further breaches - whether repeated breaches of ISO/ESO is likely to increase risk of further offending - where applicant also suffers from a mild intellectual disability – where defendant opposes ESO – where high degree of probability that defendant poses an unacceptable risk if not subject to an ESO – conditions – whether conditions should be expressed in simple English - ESO to be made for a period of three years Legislation Cited: Crimes Act 1900 (NSW) ss 58, 61, 114, 195 Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13 Crimes (High Risk Offenders) Act 2006 (NSW) ss 3, 4, 5A, 5B, 5I, 9, 17 Crimes (High Risk Offenders) Amendment Act 2017 (NSW) Mental Health (Forensic Provisions) Act 1990 (NSW) s 67 Terrorism (High Risk Offenders) Act 2017 s 20 Cases Cited: Attorney General for New South Wales v Tillman [2007] NSWCA 119 Kaddour v R [2019] NSWCCA 90 R v Azar [2015] NSWSC 1486 R v Azar [2016] NSWSC 480 R v Kaddour; R v Azar [2017] NSWSC 586 State of New South Wales v Azar (Preliminary) [2020] NSWSC 1807 State of NSW v Biber (No 2) (Final) [2021] NSWSC 104 State of New South Wales v Carr [2014] NSWSC 1348 State of New South Wales v Currie (Preliminary) [2021] NSWSC 175 State of New South Wales v Naaman (No 2) [2018] NSWCA 328 State of New South Wales v Neal [2018] NSWSC 1806 State of New South Wales v Simcock (Final) [2016] NSWSC 1805 State of New South Wales v Wilkinson (Preliminary) [2020] NSWSC 1813 Texts Cited: Nil Category: Principal judgment Parties: State of New South Wales (Plaintiff) Daniel Azar (Defendant) Representation: Counsel: C Melis (Plaintiff) D Bhutani (Defendant)